Friday, May 31, 2013

KYCOA - Grundy - Probation Revocation, CR 60.02

Allen D. Grundy v. Commonwealth, 2011-CA-001852-MR 
Rendered May 24, 2013.  Designated To Be Published (Not yet final). 

Grundy appealed the denial of a CR 60.02 motion seeking to vacate the order revoking his probation.  Judgment was entered on December 17, 1997 convicting Grundy and sentencing him to one year imprisonment probated for five.  On October 16, 2002 the Commonwealth filed a motion to revoke because he picked up new charges.  A hearing was not held until December 18, 2002.  The trial court revoked his probation.  Because the five year period had ended the day before, the Court of Appeals found the trial court had lost jurisdiction to revoke Grundy’s probation by that time.  KRS 533.020(1) is clear that probation must be revoked prior to the expiration or termination of the period of probation.  The Commonwealth argued that eight years is an unreasonable amount of time in which to file a CR 60.02 motion.  However, the Court of Appeals found that regardless of the amount of time that had passed, imprisonment based on a void order is a manifest injustice.

Contributed by Brandon Jewell